MUHAMMAD RIAZ vs The STATE and another
This criminal petition was filed by the petitioner seeking confirmation of pre-arrest bail in a case registered under Sections 337-F(v), 148, and 149 of the Pakistan Penal Code 1860, arising from a dispute over the possession of agricultural land. The core legal question was whether the petitioner was entitled to the confirmation of pre-arrest bail given the nature of the offence and the investigation status. The Court observed that the offence charged did not fall within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898. Furthermore, the Court noted that co-accused had already been granted bail due to a lack of medical evidence supporting the specific allegations against them. Finding that the petitioner had joined the investigation and that incarceration would serve no useful purpose, the Court confirmed the ad-interim pre-arrest bail. The judgment reinforces the principle that where an offence does not fall within the prohibitory clause of the Code of Criminal Procedure 1898, and the accused has joined the investigation, bail should generally be granted.
- Is an accused entitled to pre-arrest bail if the offence charged does not fall within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898?
- Does joining the investigation constitute a valid ground for the confirmation of pre-arrest bail?
- Section 337-F(v), Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 497, Code of Criminal Procedure 1898
ORDER
CH. MUSHT AQ AHMAD, J.---This petition has been moved by Muhammad Riaz accused in case FIR No.274 of 2016 dated 30.08.2016 under sections 337-F(v), 148, 149, P.P.C. registered at Police Station Sultan-Pur District Vehari seeking pre-arrest bail.
2. Arguments heard and record perused.
3. Allegation against petitioner , according to FIR is that he gave a blow with sota resulting in fracture of complainant's right arm. Along with petitio ner, six co-accused were named in the FIR who were also given specific roles but medical evidence did not support charge to their extent, as such their ad-interim pre-arrest bail petition was confirmed by learned trial Court. Admittedly there is dispute between the parties over possession of agricultural land. Offence with which petitioner is charged does not fall within prohibitory clause of section 497, Cr.P.C. Petitioner has already joined investigation. Sending him behind the bars at this stage would serve no useful purpose. Therefore, petition in hand is allowed and ad-interim pre-arrest bail already granted to the petitioner by this court is confirmed, subject to his furnishing bail bonds in Sum of Rs.1,00,000/- with one surety in the like amount to the satisfaction of trial Court.